Amendment status not verified — confirm the current text below against the official source.
Rules made by Central Government to be laid before 16(3) The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964 Parliament SCHEDULE I List of injuries SCHEDULE II List of persons who, subject to the provisions of section 2(l)(n), are included in the definition of workmen SCHEDULE III List of occupational diseases SCHEDULE IV Factors for working out lump sum equivalent of compensation amount in case of permanent disablement and death 16(3) The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964 THE WORKMEN’S COMPENSATION ACT, 1923 INTRODUCTION The growing complexity of industry in this country, with the increasing use of machinery and consequent danger to workmen, along with the comparative poverty of the workmen themselves, rendered it advisable that they should be protected, as far as possible from hardship arising from accidents. After a detailed examination of the question by the Government of India, Local Governments were addressed in July 1921, and provisional views of the Government of India were published for general information. The advisability of legislation had been accepted by the great majority of Local Governments and of employers’ and workers’ associations and the Government of India believed that public opinion generally is in favour of legislation. In June, 1922 a committee was convened to consider the question. After considering the numerous replies and opinions received by the Government of India, the committee was unanimously in favour of legislation, and drew up detailed recommendations. On the recommendations of the committee the Workmen’s Compensation Bill was introduced in the Legislature. STATEMENT OF OBJECTS AND REASONS The general principles of workmen’s compensation command almost universal acceptance and India is now nearly alone among civilised countries in being without legislation embodying those principles. For a number of years the more generous employers have been in the habit of giving compensation voluntarily, but this practice is by no means general. The growing complexity of industry in this country, with the increasing use of machinery and consequent danger to workmen, along with the comparative poverty of the workmen themselves, renders it advisable that they should be protected, as far as possible from hardship arising from accidents. An additional advantage of legislation of this type is that by increasing the importance for the employer of adequate safety devices, it reduces the number of accidents to workmen in a manner that cannot be achieved by official inspection. Further, the encouragement given to employers to provide adequate medical treatment for their workmen should mitigate the effects of such accidents as do occur. The benefits so conferred on the workman added to the increased sense 16(3) The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964 of security which he will enjoy, should render industrial life more attractive and thus increase the available supply of labour. At the same time, a corresponding increase in the efficiency of the average workman may be expected. A system of insurance would prevent time burden from pressing too heavily on any particular employer. After a detailed examination of the question by the Government of India, Local Governments were addressed in July 1921, and provisional views of the Government of India were published for general information. The advisability of legislation has been accepted by the great majority of Local Governments and ‘at employers’ and workers’ association and the Government of India believe that public opinion generally is in favour of legislation. In June 1922, a committee was convened to consider the question. This committee was composed, for the most part of members of the Imperial Legislature. After considering the numerous replies and opinions received by the Government of India, the committee was unanimously in favour of legislation and drew up detailed recommendations regarding the lines which in its opinion such legislation should follow. The Bill now presented follows these recommendations closely. A number of supplementary provisions have been added where necessary, but practically no variations of importance have been made. The Bill contains two distinct proposals. In Chapter II modifications are made in the ordinary civil law affecting the liability of employers for the damages in respect of injuries sustained by their workmen; these clauses will operate only in actions before the ordinary civil courts. The main part of the Bill makes provisions for workmen’s compensation and sets up special machinery to deal with claims falling under this category. Both parts of the Bill, however, apply to the same classes of workmen. If the scope of the employers’ liability clauses was made wider than the scope of the workmen’s compensation provisions, there would be considerable danger of a great increase in litigation. The classes included are those whose inclusion was recommended by the committee, and are specified in Schedule II. Two criteria have been followed in the determination of the classes to be included— (1) that the Bill should be confined to industries which are more or less organised; (2) that only workmen whose occupation is hazardous should be included. The general principle is that the compensation should ordinarily be given to workmen who sustained personal injuries by accidents arising out of and in the 16(3) The Workmen's Compensation Occupational Diseases (Punjab) Rules, 1964 course of their employment. Compensation will also be given in certain limited circumstances for disease. The actual rates of compensation payable are based on the unanimous recommendation of the committee. They are in every case subject to fixed maxima, in accordance with the committee’s recommendations. It should be remembered, however, that the more highly paid workmen will be enabled in cases to which the employers’ liability clauses will apply, to obtain damages on a scale considerably in excess of the maximum fixed for workmen’s compensation. A consistent endeavour has been made to give as little opportunity for disputes as possible. Throughout the Bill in the definitions adopted the scales selected, and the exceptions permitted the great aim has been precision in order that in as few cases as possible should the validity of a claim for compensation or the amount of that claim be open to doubt. At the same time, on the unanimous recommendation of the committee provision has been made for special Tribunal to deal cheaply and expeditiously with any disputes that may arise, and generally to assist the parties in a manner which is not possible for the ordinary civil courts. ACT 8 OF 1923 The Workmen’s Compensation Bill having been passed by the Legislature received its assent on the 5th March, 1923. It came into force on 1st day of July, 1924 as THE WORKMEN’S COMPENSATION ACT, 1923 (8 of 1923). LIST OF AMENDING ACTS AND ADAPTATION ORDERS